Viral social media posts and sensational headlines often spread confusion about U.S. immigration law, especially regarding Green Cards. Recent claims, like the TikTok video about a woman’s niece being deported after her Green Card was “taken away” at the airport, can be misleading.
So, what can Customs and Border Officers do with Green Cards? Here’s what you need to know, with facts checked against current law and policy.
A customs or border officer cannot revoke your Green Card on the spot. Suppose an officer believes you have violated the terms of your permanent residency, such as by committing fraud, certain crimes, or abandoning your U.S. residence. In that case, they can initiate proceedings and may ask you to sign a form to give up your status voluntarily. However, you have the right to refuse and request a hearing before an immigration judge. Only an immigration judge, after due process, can formally revoke your Green Card status. The government must prove its case, and you have the right to appeal any negative decision.
No. Marriage to a U.S. citizen does not automatically grant you a Green Card. After marriage, you must actively file for your Green Card and go through the required immigration process. Only after approval of your Green Card application do you become a lawful permanent resident.
Yes, most Green Cards are valid for 10 years (or 2 years for conditional residents). If your Green Card expires, you remain a permanent resident, but you should renew the card to maintain valid proof of your status. An expired Green Card does not mean your residency has ended—only a formal revocation process can do that. However, if you have a 2-year green card and you fail to file for the removal of conditions to get your 10-year green card, there could be serious consequences, including being put into removal proceedings.
If you are applying for a Green Card from within the U.S. (adjustment of status), you may also apply for a work permit. Once approved, this document allows you to work legally while your Green Card application is pending.
Extended absences can put your permanent residency at risk. Short trips or vacations are generally not a problem, but if you stay outside the U.S. for more than six months, you may be questioned about your intent to live in the U.S. Absences over a year can result in a loss of your Green Card status, unless you have a re-entry permit. If a CBP officer believes that you have abandoned your U.S. residency, you could be placed in removal proceedings where you will appear in front of a U.S. immigration judge who will determine if you have abandoned your Green Card status.
Yes. All criminal records from anywhere in the world, including those that have been expunged, must be disclosed on immigration applications. Failing to do so can be considered fraud and misrepresentation, and could lead to denial or revocation of your Green Card.
Processing times for immigration benefits are proving average under the current administration, even with government layoffs and increased vetting. Not complying with these new rules can have serious consequences, including fines or criminal charges. However, processing times do fluctuate and can change at any time.
Customs and border officers can question you and start proceedings, but only an immigration judge can take away your Green Card after a formal legal process. Don’t be misled by viral stories—know your rights and seek legal advice if you’re facing issues at the border or with your status.
If you have questions about your immigration situation or are ready to get started on your case, you can schedule a consultation online through this link, or by calling my office at 801-883-8204.
This article is for informational purposes only and does not constitute legal advice.
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